Public Geodata License
Abstract: The Public Geodata License initiative goal is to write and diffuse a free license for geographic datas.
Nowadays, networking and interoperabilty improvements, like Web Map Services, turns into new GIS architectures. In the same times, public, private, and social needs for geographic datas increase. So why not building with a specific license for geodatas the same benefits than the GPL license for software ? Cooperative GIS initiatives are now much easier, so they are much numerous. A specific license could help geomaticians, enterprises and administrations to trust into massive-GIS projects, and to contribute in the same ways than free softwares developpers do since many years. Because access to public geographic datas is not only a french problem, such a license may help many geomaticians worldwide.
This is the idea of the "PGL", Public Geodata License (In french, DGL, which mean "Données géographiques Libres". A "beta version" is available for improvements (at http://sig.cwiter.org/). A first release has bbeen projected for the end of year 2003.
PUBLIC GEODATA LICENSE Version 0.1, june 2004
PUBLIC GEODATA LICENSE Version 0.1, june 2004 Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
These licence applies to geographical data, attributes, and associated metadata. It applies to any derivated work, too. It's purpose is to facilitate production, exchange, and distribution of geographical data, in respect of author rights and users rights to benefit of the same liberties. It's according to these rules that any section of the licence should be interpreted. In the following text, « You » mean « any data user », « License » mean these release of the « Public Geodata License », except if written « this licence and any later version », and « data » mean geographical data, attributes, and metadata. Permission is hereby granted to you by the author(s) to use the data for any purpose, to study, adapt to your needs, copy, distribute, enhance, and publish enhancements under the following terms:
1.You may copy and distribute verbatim copies of the data as you receive it, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the data a copy of this licence included as metadata.
2. You may modify your copy or copies of the data, and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: 2.1) Metadata or at least an associated file must carry prominent notices stating that you changed the files, what you changed, the date of any changes, and every other informations required for data use. 2.2) Every part of the data, every work issued from the data, is licensed under the terms of this license. 2.3) You must do the necessary to inform the users about their rights as they are defined in this license.
3. You may copy and distribute verbatim copies of the data, or parts of them, or a derived work on a crypted form, included in a software or in a website, or by the mean of any media which limit access, only if you reach at the same time one of the three following conditions: 3.1) Accompany it with the complete corresponding data under the terms of sections 1 and 2 above in a format and on a support customarily used for geographical data sharing. 3.2) Or accompany these distribution or publication with an offer valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding data, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for geographical data interchange. 3.3) Or accompany these distribution or publication with the information you received as to the offer to distribute corresponding data according to subsection 3.2. This last choice is allowed, by derogation, only for non-profit publications or distributions.
4 You may not copy, modify, sublicense, or distribute the data except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the data is void, and will automatically terminate your rights under this License.
5 You are not required to accept this License. However, nothing else grants you permission to modify or distribute the data or its derivative works. Therefore, by modifying or distributing the data (or any work based on the data), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the data or works based on it.
6 Each time you redistribute the data (or any work based on the data), the recipient automatically receives a license from the original licensor to copy, distribute or modify the data subject to these terms and conditions. You may not impose any further restrictions on the recipient's exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the data at all.
8.If the distribution and/or use of the data is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the data under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. This is the 0.1 version of the « PUBLIC GEODATA LICENSE ». New versions will be released to incorporate contributions, keeping the idea of free geographical data, transposed from software and from art. We aim to produce a widely accepted version as soon as possible.
10. No exception could be accepted for the data use, except by all the authors according to section 2. Such an exception could not limit the rights granted by this licence to copy, modify, and distribute the data.
11.NO WARRANTY. BECAUSE THE DATA IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE DATA, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE DATA "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND ACCURACY OF THE DATA IS WITH YOU. SHOULD THE DATA PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12.IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE DATA AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOWTO: Adopted from the GPL, not listed as part of PGL although might be useful
HowTo How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.> Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to
the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA